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Article • August 15, 1996 • from PLN August, 1996
A Matter of Fact by Since 1991, Ohio's corrections budget has grown by $527 million, a 110 percent increase. Ohio now spends three times more money on state prisons than it does on grade school students. Of 20,088 Maryland prisoners in 1994, 15,457 were black -- a staggering 76.9 percent. …
Article • August 15, 1996 • from PLN August, 1996
Filed under: Commentary/Reviews, Reviews
Publications Review by Paul Wright Periodically we like to inform our readers of other publications out there that are informative and helpful to those interested in prison issues. On the last page of each issue we plug those publications that are of interest to a national audience and focus on …
Article • August 15, 1996 • from PLN August, 1996
U.S. Supreme Court to Hear Kansas Civil Commitment Case by In 1990, the year PLN began publishing, the Washington State legislature passed the country's first civil commitment law. Dubbed the 'Sexual Predator Law," it empowered the state to institute civil proceedings against prisoners nearing the end of their terms of …
Article • August 15, 1996 • from PLN August, 1996
Wisconsin Property Policy Violates RFRA by A federal district court in Wisconsin held that a state DOC policy sharply restricting prisoner property violates the Religious Freedom Restoration Act (RFRA) when it prohibits prisoners from wearing religious jewelry. The court held that the policy did not violate the RFRA in that …
Article • August 15, 1996 • from PLN August, 1996
Filed under: News, News in Brief
News in Brief by CA: On May 10, 1996, El Cajon jail guard Gerald Thomas Williams was sentenced to a year in jail for having sex with a 14 year old girl he met on the Internet. Williams used the nickname "Lonely Me" when he met the girl in an …
Article • August 15, 1996 • from PLN August, 1996
Supreme Court Reverses Court Access Case by Paul Wright In the June, 1995, issue of PLN we reported Casey v. Lewis, 43 F.3d 1261 (9th Cir. 1994) in which a unanimous panel of the ninth circuit court of appeals affirmed most of a lower court ruling designed to ensure Arizona …
Article • August 15, 1996 • from PLN August, 1996
Attorney Fees Awarded in Jail Suit for Attorney-Client Space by Criminal defense attorneys filed suit against the Washington County Jail in Oregon claiming that the space available for client consultation violated their clients right to counsel by inhibiting full and free consultation between clients and counsel; violated the attorneys' right …
Article • August 15, 1996 • from PLN August, 1996
From the Editor by Dan Pens Last month Paul announced our (much regretted) impending rate increase. A year ago we raised our Institutional rate from $35 to $50/yr, but our individual rate remained at $12/yr. This year, as of September 1, we are raising the individual rate. We are also …
Segregation Enhancement May Violate Due Process by A federal district court in New York held that extending a prisoner's term in segregation without a hearing may violate his right to due process because it imposed an atypical hardship because this particular prisoner was almost seven feet tall and had difficulty …
New York Prisoners Entitled to Disciplinary Due Process by A federal district court in New York held that New York state prisoners retain a state created due process liberty interest to be free from disciplinary segregation. This is the one of the first post Sandin v. Conner, 115 S.Ct. 2300 …
U.S. Supreme Court to Review Cases by Washington Disc. Case On April 29, 1996, the US Supreme Court announced it would hear an appeal by Washington state prison officials involving a prisoner's challenge to the loss of good time during a prison disciplinary hearing. Jerry Balisok filed suit under 42 …
Retaliatory Transfer and Discipline Unconstitutional by The court of appeals for the eighth circuit affirmed an award of damages and attorney fees to an Iowa prisoner who was infracted and transferred after he cooperated with an investigation into guard misconduct. Robert Cornell was contacted in 1987 by DOC internal affairs …
Haircut Rule May Violate Equal Protection by A federal district court in Hawaii held that a prison rule requiring that prisoners have short hair and remain clean shaven may violate the constitution's guarantee to equal protection of law and the Religious Freedom Restoration Act (RFRA). Edmund Abordo, a Hawaii state …
Article • July 15, 1996 • from PLN July, 1996
Prison: An Entitlement System? by According to a recent computer analysis, Alabama's prison population has tripled since 1980, but the state's crime rate has remained the same. A Birmingham News analysis of Corrections Department statistics and census records show that nearly one of every 167 Alabamans older than 14 are …
Article • July 15, 1996 • from PLN July, 1996
Legal Services Funding Cut by In 1974 Richard Nixon created the Legal Services Corporation (LSC). The purpose of the LSC was to make grants to agencies and groups around the country which provided legal services to the poor: welfare recipients, prisoners, public housing tenants, aliens, farm workers, etc. In recent …
Private Prison Executive Sentenced in Fraud Scheme by In 1993 Clifford Todd, 68, was chairman of Kentucky based U.S. Corrections Corporation, a private prison firm. In March of this year he was sentenced by a federal judge to a 15-month prison term. Todd pleaded guilty to mail fraud last year …
Warden Liable for Prison Rape by The court of appeals for the sixth circuit held that supervisory prison officials can held liable under the eighth amendment when they ignore the risk of sexual assault to vulnerable prisoners that are later raped. Timothy Taylor is a Michigan state prisoner who is …
Newell Superseded by In the April, 1996, issue of PLN we reported Newell v. Sauser, 64 F.3d 1416 (9th Cir. 1995) which held that Alaska prison officials were not entitled to qualified immunity for infracting a prisoner who had another prisoner's legal papers in his cell. On March 11, 1996, …
New Jersey Jail Guards Indicted in Beating Death by Analdo Ortega was being held in the Hudson County, N.J., Jail in March of 1989 awaiting trial on burglary charges. According to court testimony, Ortega asked for a blanket and that triggered the anger of some of his captors. Shortly thereafter …
Cavity Search in Public States Claim by The court of appeals for the tenth circuit held that strip searches by members of the opposite gender may violate the fourth amendment. Willie Hayes, a Colorado state prisoner, filed suit claiming his fourth, eighth and fourteenth amendment rights were violated when he …
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